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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Health and Safety - From: 1980 To: 1984

This page lists 7 cases, and was prepared on 27 May 2018.

 
White v Pressed Steel Fisher [1980] IRLR 176
1980


Employment, Health and Safety
The case tested whether the Industrial Tribunal had jurisdiction to hear a complaint under the regulations. The regulations applied the provisions of the section, but the section had been repealed. Held: The transitional provisions were sufficient to preserve the jurisdiction under the new Act.
Trade Union and Labour Relations Act 1974 - Safety Representatives and Safety Committees Regulations 1977 (1977 No 500) 4(2) 11(5) - Employment Protection (Consolidation) Act 1978 128
1 Citers



 
 Page v Freight Hire (Tank Haulage) Ltd; EAT 1981 - [1981] ICR 299
 
Wheeler v Copes [1981] 3 All ER 405
1981
QBD
Chapman J
Personal Injury, Health and Safety, Land
A labour-only subcontractor was provided with an inadequate ladder by the defendant. He was injured using it. Held: The defendant was found liable.
However, Chapman J said: "The plaintiff puts his case to a considerable extent on the Occupiers' Liability Act 1957, but it seems to me that there may be considerable difficulty in relation to that because the Act is dealing with an occupier. It is true that it covers moveable structures, such as vessels, vehicles and aircraft. I do not doubt that in appropriate circumstances it could apply to a ladder, but I see considerable difficulty in saying that once the defendant had handed the ladder over to the plaintiff and his partner for the purpose of the bricklaying the defendant was still the occupier of this ladder."
Occupiers' Liability Act 1957
1 Citers



 
 Regina v Swan Hunter Shipbuilders Ltd; CA 1982 - [1982] 1 All E R 264
 
Bailey v Rolls-Royce (1971) Limited [1984] ICR 688
1984
CA
May LJ, Stephenson LJ, Slade LJ
Health and Safety
The court considered the meaning of the word likely in the section: "A person shall not be employed to lift, carry or move any load so heavy as to be likely to cause injury to him." Held: "likely" in that context meant "more probable than not". May LJ: "there was clearly a risk that injury might occur, but I do not think that I can say that it was ‘likely’, or ‘probable’, or ‘more probable than not’". Slade LJ: "this construction of the phrase is, I think, one which not only accords with the natural meaning of the words according to ordinary English usage, but also with what may be presumed to have been the intention of Parliament". Stephenson LJ: The words refer to "injury which is ‘probable’, and ‘probable’ can be expanded, or extended, and possibly clarified, to mean ‘more probable than not’."
Factories Act 1961 72(1)
1 Citers



 
 Kellett v British Rail Engineering Ltd; QBD 3-May-1984 - Unreported, 3 May 1984
 
Jayes v IMI (Kynoch) Ltd [1984] EWCA Civ 4; [1985] ICR 155
17 Oct 1984
CA
Sir John Donaldson MR, Oliver, Robet Goff LJJ
Personal Injury, Health and Safety
The plaintiff appealed against dismissal of his claim for damages for personal injury suffered on a machine at his work.
[ Bailii ]
 
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